Bridges Trade BioRes • Volume 6 • Number 4 • 3rd March 2006

US-Columbia FTA Signed, Says Environmental Laws to be Upheld

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A trade promotion agreement signed by the US and Colombia on 27 February incorporates environmental provisions in a dedicated chapter of the text as well, in a side Environmental Cooperation Agreement and in a side understanding on the importance of traditional knowledge (TK) and biodiversity. The environmental chapter of the bilateral free trade agreement says that domestic environmental laws must be upheld and not diminished for the sake of attracting trade or investment, and makes that obligation subject to the dispute settlement procedures of the accord. In addition, it says that proceedings for the administration and enforcement of environmental laws should remain fair and transparent and that innovative market-based mechanisms to protect the environment should be encouraged. It also establishes an Environmental Affairs Council of high-level officials to ensure that these provisions are enforced. Furthermore, the side Environmental Cooperation Agreement, which creates a framework for undertaking environmental capacity building in Colombia, mandates the formation of an Environmental Cooperation Commission. The understanding on TK and biodiversity recognises their potential contribution to cultural, economic and social development, and notes that the two countries will “endeavour to seek ways to share information that will provide quality patent examination”. It also recognises the importance of using contracts to achieve prior informed consent and equitable benefit sharing on the use of genetic resources and TK, similarly to a Peru deal signed in December 2005 (see Bridges Trade BioRes, 3 February 2006).

This is the second bilateral FTA to emerge from the Andean FTA negotiations that the US launched with Colombia, Ecuador and Peru in May 2004 (with Bolivia as an observer). After the joint talks faltered over disagreements on a number of different issues — in particular, Ecuador’s opposition to some of the US’ demands on intellectual property rights — the US and Peru signed a bilateral deal in December 2005 (see BRIDGES Weekly, 25 January 2006, http://www.ictsd.org/weekly/06-01-25/story3.htm).

ICTSD Reporting; “Free Trade with Colombia: Summary of the Agreement,” US TRADE REPRESENTATIVE, 27 February 2006; “Colombia Trade News,” COLOMBIAN GOVERNMENT TRADE BUREAU, 1 March 2006; “Colombian Students Oppose FTA,” PRENSA LATINA, 28 February 2006.